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New Mexico Termination (with Discharge): What you need to know

New Mexico is an “employment-at-will” state. This means that an employer may generally terminate an employee at any time, for any reason, or for no reason, unless an agreement exists that provides otherwise. There are, however, limitations on the doctrine.
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Workers' compensation. An employer may not discharge, threaten to discharge, or otherwise retaliate in the terms or conditions of employment against a worker for the sole reason that the employee seeks workers' compensation benefits (NM Stat. Sec. 52-1-28.2).
Occupational health and safety. The New Mexico Occupational Health and Safety Act (NMOHSA) plainly prohibits discharging an employee for filing a safety complaint, testifying in a proceeding under NMOHSA, or exercising any right afforded by the Act. (NM Stat. Sec. 50-9-25).
Volunteer emergency responders. Employees that are serving as volunteer emergency responders and are absent from work to respond to an emergency or disaster cannot be terminated, demoted, or otherwise discriminated against. The statute does not apply if the employee is absent for more than 10 business days in a calendar year. In addition, the employee must make a reasonable effort to notify his or her employer of the absence. The employer may request written verification from the agency managing the emergency or disaster of the dates and times that the employee served as a volunteer (NM Stat. Sec. 12-10C-3).
Garnishment. An employer may not discharge, discipline, refuse to hire, or otherwise penalize any employee because his or her wages have been garnished for support (NM Stat. Sec. 40-4A-8(D) et seq.).
Jury duty. An employer may not discharge an employee or threaten or otherwise coerce an employee who has ...

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New Mexico Termination (with Discharge) Resources

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Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

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